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Chapter 1 (General Rules; Rules 1.1 to 1.9): the local rules apply to all matters filed in the court and supplement the statutes and the California Rules of Court (Rules 1.1 and 1.2); unification (Rule 1.3); abbreviations (Rule 1.4); smoking, e-cigarettes included, prohibited in all court facilities (Rule 1.5); electronic devices silenced before entering a courtroom, no photographing, recording or broadcasting without advance permission from the judge or commissioner (Rule 1.6); photographing, recording and broadcasting in the courthouse, governed by CRC 1.150, with media coverage requested on mandatory Judicial Council form MC-500 (Rule 1.7); peace officer use of body-worn cameras in the courthouse (Rule 1.8); and electronic signatures by a judge or commissioner (Rule 1.9).
California > Sixth Appellate District > San Benito County > Superior Court of California, County of San Benito
CHAPTER 1 - GENERAL RULES RULE 1.1 - APPLICATION OF LOCAL RULES These local rules apply to all matters filed in the Superior Court of California, County of San Benito unless otherwise noted herein. Upon the effective date of these rules, all other rules previously adopted by this court and the former Municipal Court are repealed. (Eff. 7/1/99) (Rev. 7/1/08) RULE 1.2 - CONSTRUCTION, SCOPE AND EFFECT OF RULES These local rules are designed to promote and facilitate efficient and fair administration of judicial business and justice. These local rules are to be liberally construed and are intended to supplement and do not replace or reduce any requirements set forth in California statutes, the California Rules of Court (CRC), or other policies or standards adopted by the Judicial Council of California. If a local rule is amended in the future, the new adopted and approved rule will be controlling. (Eff. 7/1/99) (Rev. 7/1/08) RULE 1.3 - UNIFICATION Effective September 1, 1998, Municipal Court of San Benito County unified with Superior Court. Therefore, all references to Municipal Court are hereby eliminated. Superior Court is divided into Department 1 (formerly Municipal Court) and Department 2 (formerly strictly Superior Court). Cases, which were in Municipal Court, will continue as is in Department 1. (Eff. 7/1/99) RULE 1.4 - ABBREVIATIONS WITHIN THESE LOCAL RULES ADR Alternative Dispute Resolution CLETS California Law Enforcement Telecommunication System CMC Case Management Conference CRC California Rules of Court ECT Expedited Civil Track MCLE Minimum Continuing Legal Education (Eff. 7/1/99) (Rev. 7/1/08) RULE 1.5 - SMOKING PROHIBITED Smoking is prohibited in all court facilities. For purposes of this rule, “smoking” includes the use of e-cigarettes or similar devices. (Eff. 1/1/16) RULE 1.6 - ELECTRONIC DEVICES a) Definition: “Electronic devices” includes, without limitation, all cellular phones, computers, tablets, digital assistants, digital cameras, video recorders, television cameras, smartwatches, and wearable computers. b) Court Reporter Use of Audio Software: Except as may be ordered pursuant to Local Rule 1.7, (a), (g) does not include the use of audio software as personal notes of the court reporter to assist in the preparation of verbatim records of court proceedings, providing recording capabilities are turned off and not used during any break or recess in the proceedings when stenographic notes are not being taken. Such personal notes are not an official record of the court and may only be used by the court reporter, or by a substitute court reporter in the absence of the court reporter who reported the proceedings, to assist in accurately transcribing the verbatim record, and must not be retained after the verbatim record is transcribed. c) Use in Courtrooms: Prior to entering a courtroom, all electronic devices must be silenced, or in the discretion of the judge or commissioner, turned off. No person may use an electronic device for photographing, recording, or broadcasting in a courtroom, unless that person has obtained advance permission from the judge or commissioner. No person may handle an electronic device in a courtroom in any way that suggests that a photograph or other recording is being taken. In the discretion of the judge or commissioner, some or all electronic devices may be prohibited from a courtroom for a specific hearing or trial. Attorneys, probation officers, police officers, and other professionals may use electronic devices in a courtroom to conduct legal research, photograph documents, or otherwise facilitate proceedings. d) Judicial Discretion: Nothing in this rule restricts a judge’s or commissioner’s discretion to regulate the use of electronic devices in his or her courtroom. (Eff. 1/1/16) (Rev. 7/1/18) (Rev. 1/1/25) RULE 1.7 - PHOTOGRAPHING, RECORDING, AND BROADCASTING Court Proceedings: CRC 1.150 and Local Rule 1.6 govern photographing, recording, and broadcasting of court proceedings, including remote proceedings as defined in California Rules of Court, Rule 3.672 a) Security: Court security personnel are allowed to photograph, record, or broadcast within the courthouse, including using security cameras. b) Ceremonial Events: Upon oral approval of a judge or the court executive officer, photography and video recording of ceremonial events occurring in the courthouse (such as weddings, adoption proceedings, or mock trial competitions) are allowed. c) Public Records: Photographing of public records is allowed in the clerk’s office. d) Documents: Attorneys may photograph documents within the courthouse. e) Other: All other photographing, recording, and broadcasting in the courthouse is prohibited, unless prior written order is obtained from the presiding judge or court executive officer. For purposes of this rule, the term “courthouse” shall include (i) any building or room in which court proceedings occur, and (ii) all portions of such building, including, but not limited to, clerk’s offices, lobby areas, hallways, stairs, and elevators. While in the courthouse no one may engage in photographing, recording, or broadcasting, or activate any camera, microphone, recorder or broadcasting device except where the Judge has issued an order allowing media coverage (i.e. photographing, recording, or broadcasting) under California Rules of Court Rule 1.1150, Local Rule 1.6, 1.7 (a)-(e), or expressly granted permission under the California Rules of Court, Rule 1.150(d) or otherwise, to photograph record, and/or broadcast. Nor, without prior court order, may anyone carry any camera, microphone, or recording equipment, or activate the image or sound capturing feature of any computer, mobile telephone, watch, or other equipment in a courtroom without express written permission from the appropriate judicial officer. f) Persons engaged in photographing, recording, and broadcasting must not obstruct pedestrian traffic, create traffic congestion, or otherwise impede access to court proceedings, offices, services, or facilities. g) Persons requesting media coverage of any type, including pool cameras, must complete and submit for judicial approval mandatory Judicial Council form MC-500, specifying 1) the time estimate for coverage; 2) the proposed placement of cameras, microphones, and other equipment; and 3) whether the coverage will be disseminated live or recorded for future dissemination. (Eff. 7/1/18) (Rev. 1/1/25) (Rev. 1/1/26) RULE 1.8 - PEACE OFFICER USE OF BODY-WORN CAMERAS a) Definitions: For purposes of this rule: i. “Body-worn camera” means an electronic device used to photograph or record the performance of a peace officer in the course of his or her official duties. ii. “Courthouse” is as defined at Local Rule 1.7 (f) applies to rule 1.8. iii. “Peace officer” has the meaning specified in Penal Code section 830. b) Permitted Use: A peace officer may use a body-worn camera in the courthouse to create a recording if the peace officer (i) is conducting an arrest, (ii) is assisting in an arrest, (iii) is interacting with an individual who is not complying with a command from the peace officer, (iv) is responding to an emergency situation, or (v) has received prior authorization from the Presiding Judge. c) Prohibition: Except as allowed in subsection (b), a peace officer may not use a body- worn camera in the courthouse to create a recording. (Eff. 1/1/20) (Rev. 1/1/25) RULE 1.9 - ELECTRONIC SIGNATURES Any document may be electronically signed by a judge or commissioner, even if the document was not filed electronically. The electronic signature may take any form allowed by CRC 2.257(a), including typed text or a facsimile image of a signature. (Eff. 7/1/21)
CHAPTER 1 - GENERAL RULES RULE 1.1 - APPLICATION OF LOCAL RULES These local rules apply to all matters filed in the Superior Court of California, County of San Benito unless otherwise noted herein. Upon the effective date of these rules, all other rules previously adopted by this court and the former Municipal Court are repealed. (Eff. 7/1/99) (Rev. 7/1/08) RULE 1.2 - CONSTRUCTION, SCOPE AND EFFEC
Reviewer note: Composed 2026-10-07 (California T4 San Benito build 2026-10-07) from BenchPath custody ca/t4/ca-san-benito/docs/local-rules/2026-local-rules-superior-court-san-benito-county-redline.pdf (986264 bytes, sha256 9c4e7a2ba809147dfc1da20cd5cfa028e583a5b7f1d08927045c29d2bcf8dbc3; 98 pages; the rule body is pages 7 to 84, composed once and cut at the chapter headings) with the shared verbatim composer (v2 reflow). The running header (Superior Court of California, County of San Benito) and the page numbers removed as chrome; the cover, the table of contents, Appendix A (the list of rules with their dates of adoption or latest revision), Appendix B (the list of local forms) and the index belong to no card; the file's name says redline, but the strike report found no struck text and the book prints no coloured insertions; lines reflowed into the court's paragraphs, each rule heading and history note on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Review note: Published as printed: Rule 1.4 sets the entry “CMC Case Management Conference” on the line of “CLETS”; Rule 1.6(b) reads “Except as may be ordered pursuant to Local Rule 1.7, (a), (g) does not include”; Rule 1.7(e) cites “California Rules of Court Rule 1.1150”; Rule 1.8(a)(ii) sends “Courthouse” to Local Rule 1.7 (f), which the book defines in Rule 1.7(e).
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.